Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. Fact-misunderstanding E prepared a document identical to the instant agreement with the Defendant, and for the purpose of revising the address indicated therein, the Defendant again drafted the instant agreement on the investment in the music record of the music record of this case and signed and sealed it. As such, E consented to the preparation of the agreement on the investment in the music record of this case.

Therefore, the defendant has forged and exercised it.

subsection (b) of this section.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, two years of community service order, two hundred hours of community service order) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the Defendant: (a) without obtaining the consent of E, affixed E’s seal to the contract on the investment of the music record of this case with the content that E is directly responsible for the damage of investors upon request of the investor (which is the investment entity); and (b) forged the document and used it to the said investor.

It shall be fully recognized.

① E consistently asserts that there is no explanation from the Defendant regarding the content and content of the same document as that of the instant music record management investment agreement and, in particular, the content that E is directly responsible for investors’ damages.

E filed a complaint with the Defendant for the crime of forging a private document, etc. for about four years since the date of the preparation of the contract for investment in the music record of this case. However, E had been aware of the existence of the above document prior to that time without filing a complaint against the Defendant.

Since there is no material to see, it cannot be said that the credibility of E’s statement is weak merely because the above complainant is late.

(2) In terms of a contract for investment in phonograms, the provisions that require an individual to be directly responsible for the damage of an investor shall be applied.